Barry Wells Disqualified And Fined
Offence:
GAR 83 (1), (2) and (3), 86 (d) and (e)
(1) GAR83 (1) Mr. Barry Wells, the trainer of the greyhound “Hecan Bolt”, which was nominated to compete in an Event, namely, Race 9, the Trios Sports Club – Free For All, conducted by the Cranbourne Greyhound Racing Club at Cranbourne on the 19 March 2014, did administer or cause to be administered the prohibited substance Caffeine and its metabolites Theobromine, Paraxanthine and Theophylline for the purpose of affecting the greyhound's condition, behaviour or performance in the Event.
(2) GAR83 (2) (3) Mr. Barry Wells, the trainer of the greyhound “Hecan Bolt”, which was nominated to compete in an Event, namely, Race 9, the Trios Sports Club – Free For All, conducted by the Cranbourne Greyhound Racing Club at Cranbourne on the 19 March 2014, did fail on that date to present the greyhound free of any prohibited substance, given that a Post Race Urine sample taken from the greyhound indicated the presence of the prohibited substance Caffeine and its metabolites Theobromine, Paraxanthine and Theophylline.
(3) GAR86 (e) Mr. Barry Wells, being a trainer having official duties in relation to greyhound racing, failed to produce medical treatment records pertaining to the greyhound “Hecan Bolt” when directed to do so by Greyhound Racing Victoria (GRV) Steward Mr. Ron Matthews and GRV Industry Veterinary Officer Dr. Steven Karamatic during the course of an investigation regarding a swab irregularity taken from the greyhound “Hecan Bolt” on 19 March 2014.
(4) GAR86 (d) Mr. Barry Wells, being a trainer having official duties in relation to greyhound racing, did make or cause to be made a falsification in a document in connection with Greyhound Racing between 13 April 2014 and 21 May 2014, in that he did make an entry on a Treatment Record stating that Mr. Cliff Smith did administer the substances Coforta and Elicser (Elixir) to the greyhound “Hecan Bolt” on 16 March 2014, which was then provided to GRV Stewards Mr. Ron Matthews and Ms. Demi Barber on 21 May 2014 during an investigation into a swab irregularity taken from the greyhound “Hecan Bolt” at the Cranbourne Greyhound Racing Club meeting conducted on 19 March 2014.
(5) GAR86 (d) Mr. Barry Wells, being a trainer having official duties in relation to greyhound racing, did make a false or misleading statement on 17 June 2014 regarding the administration of a masking agent and caffeine tablets to the Greyhound “Hecan Bolt” at his property on the 16 March 2014 to Greyhound Racing Victoria Stewards Mr. Carl Scott and Mr. Ron Matthews during the course of the Investigation regarding a swab irregularity taken from the Greyhound “Hecan Bolt” on 19 March 2014, in that he stated Mr. Cliff Smith administered a masking agent and caffeine tablets to the Greyhound “Hecan Bolt”.
Report:
Following advice from the Racing Analytical Services Laboratory, the Stewards of Greyhound Racing Victoria conducted an investigation into the results of post-race urine sample taken from the greyhound “Hecan Bolt” at the Cranbourne Greyhound Racing Club meeting held on Wednesday, 19 March 2014.
During the investigation, Stewards received evidence from registered trainer Mr. Barry Wells, Mr. Paul Zahra (Racing Analytical Services Laboratory) and Dr. Steven Karamatic (Greyhound Racing Industry Veterinary Officer).
After considering the evidence, Stewards charged Mr. Wells with breaches of Greyhounds Australasia Rules as indicated in charges (1) to (5) above.
Under Rule 47.1 of the Greyhound Racing Victoria Local Rules a breach of GAR83 (1), (2) and (3) and GAR86 (d) and (e) constitutes Serious Offences. As a result, on Thursday, 9 October 2014 this matter was heard before the Racing Appeals and Disciplinary Board in the first instance under Greyhound Local Racing Rule 47.3 and Sections 83C(b) and 83M(1) of the Racing Act.
Mr. Barry Wells did not appear at the hearing.
Mr. Patrick Considine (Corrs, Chambers, Westgarth) and Mr. Ron Matthews (GRV Steward) represented the Stewards Panel.
The RADB did not enter a plea on behalf of Mr. Wells.
After hearing all the evidence tendered and having regard to GAR83 (1), (2) and (3) and GAR86 (d) and (e), the RADB determined that:
(a) in relation to charge (1), Mr. Wells was found guilty as charged and he was disqualified for 5 years and fined $2,500;
(b) in relation to charge (2), Mr. Wells was found guilty as charged and he was disqualified for 12 months (to be served concurrently with the period in charge 1 above), he was also fined $2,500;
(c) charge (3), was dismissed;
(d) in relation to charge (4) and (5), Mr. Wells was found guilty as charged and he was disqualified for 5 years in respect of both charges; and
(e) in relation to charge (4) and (5), Mr. Wells was also fined $2,500 on each charge and that in respect of all charges at the end of the period of disqualification Mr. Wells be warned off for life.
In assessing penalty, the Board took into account all the evidence and submissions, including the following matters:
(a) Mr. Wells non appearance at the hearing;
(b) The nature of the prohibited substance Caffeine and its metabolites Theobromine,
Paraxanthine and Theophylline and how and when the offences occurred;
(c) The need to maintain the integrity of greyhound racing and ensure a level playing field for all participants;
(d) Prior penalties for similar prohibited substance offences;
(e) The craven duplicity exhibited by Mr. Wells in his interview with the Stewards; and
(f) The principles of specific deterrence and just denunciation of Mr. Wells behaviour.
Acting under GAR83(4), the RADB also disqualified ‘Hecan Bolt' from Race 9, the Trios Sports Club – Free For All, conducted by the Cranbourne Greyhound Racing Club at Cranbourne on the 19 March 2014 and amended the placings as follows:
1st One Bad Wrist
2nd Go Zeppa
3rd Star Warm
4th Emotional Lass
5th Zephyr Zap
6th Tornado Angel
Disqualified He can Bolt